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§ 16-91-201. Access to files

(a) In the case of a defendant who has been convicted of a capital offense and sentenced to death, the defendant’s prior trial counsel shall make available to the defendant’s state post-conviction counsel the complete files of the defendant’s trial counsel, and the defendant’s prior counsel on direct appeal shall make available to the defendant’s […]

§ 16-91-202. Capital cases

(a) (1) (A) (i) If a capital conviction and sentence are affirmed on direct appeal, the circuit court in which the conviction was obtained shall, within two (2) weeks after the affirmance, conduct a hearing and enter a written order appointing counsel to represent the petitioner in a post-conviction proceeding upon issuance of the mandate […]

§ 16-91-203. Applicability of subchapter

This subchapter applies to all persons under sentence of death, including those whose cases were pending on direct review when this subchapter was passed, who file their initial applications for state post-conviction relief on or after March 31, 1997.

§ 16-91-204. Legislative intent

It is the express intent of this subchapter to comply with the requirements of the Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. No. 104-132, in an effort to obtain the benefits of the Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. No. 104-132, concerning time limitations in which federal habeas […]

§ 16-91-205. Severability

(a) If any provision of this subchapter or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this subchapter which can be given effect without the invalid provision or application, and to this end the provisions of this subchapter are declared to be […]

§ 16-91-206. Title

This subchapter is known and may be cited as the “Arkansas Effective Death Penalty Act of 1997”.